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INSURANCE NOT ON FILE WORK MAY Q PROCEED CLERK OF COUNCIL �P DATE. A-2021-058 AGREEMENT TO PROVIDE ELECTRICAL LIGHTING DESIGN SERVICES FOR ©1,�004)(A"t1-1) (I) (SA) PACIFIC ELECTRIC BIKE TRAIL PHASE 2 AND SANDPOINTE PARK SECURITY LIGHTING PROJECT THIS AGREEMENT is made and entered into on this 20'' day of April, 2021 by and between IDS Group ("Consultant"), and the City of Santa Ana ("City"), a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California. RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of construction management and inspection services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B. The total amount to be expended under this Agreement shall not exceed $71,556 during the term of this Agreement, including any extension periods exercised under Section 3. The sum is comprised of the base amount of $65,051 with a contingency in the amount of $6,505 for additional services at the City's sole discretion. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. City shall retain ten percent (10%) of the invoice amount from each payment until the completed Project has been accepted by the City. Page 1 of 10